H. Res. 665: H.R. 2920 – Statutory Pay-As-You-Go Act of 2009

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday,  July 21, 2009.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 243 – 182 on Wednesday, July 22, 2009.

MANAGERS: Arcuri/Dreier

111th Congress 
1st Session

H.RES 665

[Report No. 111-217]

 

H.R. 2920 – the “Statutory Pay-As-You-Go Act of 2009”

  1. Structured rule.
  2. Provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Budget.
  3. Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.
  4. Provides that the amendment in the nature of a substitute printed in part A of the Rules Committee report accompanying the resolution, modified by the amendment printed in part B of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
  5. Waives all points of order against the bill, as amended.  This does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).
  6. Makes in order the amendment in the nature of a substitute printed in part C of the Rules Committee report accompanying the resolution if offered by Rep. Paul Ryan of Wisconsin or his designee.  The amendment in the nature of a substitute shall be considered as read and shall be separately debatable for one hour equally divided and controlled by the proponent and an opponent.
  7. Waives all points of order against the amendment in the nature of a substitute printed in part C of the Rules Committee report except those arising under clause 9 or 10 of rule XXI.
  8. Provides one motion to recommit the bill with or without instructions.
  9. Provides that for purposes of the concurrent resolution on the budget, the amounts specified in section 421(a)(2)(A) and section 421(a)(2)(C) shall be considered to be those reflected in section 314 and section 316 of the House companion measure.

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RESOLUTION

            Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 2920) to reinstitute and update the Pay-As-You-Go requirement of budget neutrality on new tax and mandatory spending legislation, enforced by the threat of annual, automatic sequestration.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  The amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution, modified by the amendment printed in part B of the report of the Committee on Rules, shall be considered as adopted.  The bill, as amended, shall be considered as read.  All points of order against provisions of the bill, as amended, are waived.  The previous question shall be considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chairman and ranking minority member of the Committee on the Budget; (2) the amendment in the nature of a substitute printed in part C of the report of the Committee on Rules, if offered by Representative Ryan of Wisconsin or his designee, which shall be in order without intervention of any point of order except those arising under clause 9 or 10 of rule XXI, shall be considered as read, and shall be separately debatable for one hour equally divided and controlled by the proponent and an opponent; and (3) one motion to recommit with or without instructions.

            Sec. 2.  For purposes of the concurrent resolution on the budget, the amounts specified in section 421(a)(2)(A) and section 421(a)(2)(C) shall be considered to be those reflected in section 314 and section 316, respectively, of the House companion measure.

SUMMARY OF AMENDMENT IN THE NATURE OFA SUBSTITUTE IN PART A

TO BE CONSIDERED AS ADOPTED

            The amendment in the nature of a substitute limits the current policy adjustment, as it applies to the 2001 and 2003 tax cuts, to tax cuts for the middle class and does not provide for a current policy adjustment for upper income taxpayers.  It provides for the use of CBO cost estimates when such estimates are available prior to final congressional action on legislation, printed in the Congressional Record, and incorporated into legislation upon enrollment.  When such estimates are not available prior to final congressional action, provides that OMB estimates shall be used.  It requires deficit neutrality over both five and ten year periods, mirroring House rules.  It conforms emergency designation procedures for the purposes of statutory PAYGO with emergency designation procedures in the House rules, and does not require a separate presidential emergency designation.  Finally, it incorporates the judicial review section from the Balanced Budget and Emergency Deficit Control Act of 1985.

Text of the Amendment

SUMMARY OF AMENDMENT IN PART B TO THE AMENDMENT IN THE NATURE

OF A SUBSTITUTE IN PART A TO BE CONSIDERED AS ADOPTED

            The amendment eliminates duplicative language in the definition of the term “budgetary effects” (provisions elsewhere in the amendment in the nature of a substitute already require that estimates be made publicly available).  It clarifies that the estimate to be included in a PAYGO Act is the estimate submitted for printing in the Congressional Record, before the vote on such legislation, by the chair of the House or Senate Budget Committee.  It clarifies that the manner in which estimates should be made available electronically by the House and Senate Budget Committees is for such committees to post estimates on their websites.  It moves to a different section the language regarding incorporation of estimates into legislation, and language relating to CBO’s responsibilities and to scorekeeping.  Finally, it makes various technical and conforming changes.

Text of the Amendment

SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE IN PART C

TO BE MADE IN ORDER

Ryan, Paul (WI)

The amendment in the nature of a substitute would establish caps on discretionary spending from FY2010 through FY2014 and a cap on total spending as a percentage of gross domestic product.  It would also put in place maximum limits on deficits through 2019, again as a percentage of gross domestic product.